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A01768 The copies of two speeches in Parliament The one by Iohn Glanvill Esquire. The other by Sir Henry Martin Knight. At a generall committee of both houses, the 22. of May. 1628. Glanville, John, Sir, 1586-1661.; Martin, Henry, Sir, 1562?-1641. aut; England and Wales. Parliament. Proceedings. 1628-05-22. 1628 (1628) STC 11904; ESTC S103133 8,463 21

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The Copies of two Speeches in Parliament The one by IOHN GLANVILL Esquire The other by Sir HENRY MARTIN Knight At a generall Committee of both Houses the 22. of May. 1628. The Reasons of the Commons-House delivered by Mr. Glanvill why they cannot admit of the Propositions tendered vnto them by the Lords May it please your Lordships I Am Commanded by the House of Commons to deliver vnto your Lordships their reasons why they cannot admit of the Proposition tendered vnto them by you but for an introduction to the businesse please you to remember that a Petition of right was shewed to your Lordships wherein we desired you would joyne with vs a Petition my Lords fitting for these times grounded vpon Law and seeking no more then the Subiects just libertie The Petition consisteth of foure parts The first touching Loanes Aydes and Taxes The second touching Imprisonment of mens persons The third touching Billetting of Souldiers The fourth touching Commissions issued for Martiall law and put in execution vpon severall persons groaning vnder the Burthen of these wee desire remedy and wish your Lordships would joyne with vs which you having taken into consideration wee must confesse haue dealt nobly and freely with vs not to conclude any thing till you heare our just Reasons for which wee thanke your Lordships and hope your Lordships will value those reasons which wee shall now offer vnto your Lordships The worke of this day will make a happie issue if your Lordships please to relinquish this as wee formerly vpon Conference with your Lordships haue done some other things For the Proposition my Lords wee haue debated it throughly in our House and I am commaunded to deliver vnto you the Reasons why we cannot insert this Clause neither your Lordships nor wee desire to debate Libertie beyond the due bounds nor to incroach vpon the Kings prerogatiue and lessen the bounds thereof The first reason I am to lay downe is touching Soveraigne power which I beseech you not to accept as mine owne being but a weake member of that strong body but as the reasons of the whole House vpon great and graue Considerations First my Lords the words Soveraigne Power hath either reference or no reference to the Petition If no reference then superfluous if a reference dangerous and operatiue vpon the petition And wee thinke your Lordships purpose is not to offer vnto vs any thing that may bee vaine or to the hinderance of any thing wherein you haue already joyned with vs. The Petition declareth the right of the Subiect which yet may bee broken by the word Soveraigne power and so the vertue of the Petition taken away the end of the petition is not to inlarge the bounds of Law but their Liberties being infringed to reduce them to their auncient bounds and shall wee by admitting of these words Soveraigne power in stead of Curing the wound launch it and Cut it the deeper The next point is the word Trust a word of large latitude and deepe sence Wee know that there is a trust in the Crowne and King but regulated by Law wee acknowledge in penall Statutes the King may graunt another power to Dispence with the Law But Magna Charta inflicting no penaltie leaveth no trust but claimeth his owne right therefore the word Trust would confound this distinction Our next reason is Wee thinke it absolutely repugnant to any course of Parliament to put Saving to the Petition in former times the course of petitioning the King was this The Lords and the Speaker eyther by words or writing preferred their Petition to the King this then was called the Bill of the Commons which being receiued by the King part hee receiued and part he put out part hee ratified for as it came from him it was drawne into a Law but this Course in the second of Hen. 5. was found preiudiciall to the Subiect and since in such Cases haue petitioned by Petition of right as wee now doe who come to declare what we Demaund of the King for if wee should tell him what we should not demaund wee should then not proceed in a Parliamentory course Now for that which is alledged by your Lordships De articulis super cartis That my Lords is not like this That is saving vpon particulers but this Petition consisting vpon particulers would bee destroyed by a generall saving the saving de articulis super Cartis are of three aids for ransomming the Kings person for Knighting the Kings eldest Sonne and once for marrying the Kings eldest Daughter These by the forme of the Petition shew that they came not in vpon the Kings answere but vpon the petition first then followed the savings which vnder favour wee thinke are no reasons to make vs accept of this saving being not pertinent to the Petition These 23. Stat. made 34. Ed. 1. were made to confirme Magna Carta so that there is in all 30. Acts to set Magna Carta in his purity and if some subsequent Statute haue laid some blemish vpon it shall wee now then make the Subiect in worse case by laying more weight vpon it God forbid In the next place your Lordships reason thus that this which you wish wee would admit of is no more then what wee formerly did professe by the Speaker when wee sent the King word wee had no purpose at all to trench vpon his Prerogatiues It is true my Lords wee did so but this was not anexed to any Petition for in that manner we should neuer haue done it And here I am Commanded with your favours to deliver vnto you what a Learned member of the house delivered vnto our House touching this point The King saith hee and the Subiect hath two Liberties two Mannors joyning one vpon another The King is informed the Subiect hath intruded vpon him but vpon tryall it appeareth not to bee so were it fitting thinke you that the Subiect should giue securitie that hee should not encroach or intrude of that Mannor of his because the King had beene informed hee did so I thinke you will be of another minde Wherefore I am Commanded seeing wee cannot admit of this addition to desire your Lordships to joyne with vs in the Petition which being graunted and the hearts of the King and people knit together I doubt not but his Maiestie will bee safe at home and feared abroad In Sr. H. Martins Speech pag. 9. lin 25. for higher read lighter MY Lords the worke of this day wherein the House of Commons hath imployed the Gentleman that spake last and my selfe was to reply to the answer which it had pleased the Lord Keeper to make to those reasons which We had offered to your Lordships consideration in iustification of Our refusall not to admit into Our Petition the addition commended by your Lordships which reasons of Ours since they had not given such satisfaction as Wee desired and well hoped as by the Lord Keepers answer appeared it was thought fit for Our better